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Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)

....ate Commissioner has been right­ly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......nded that as a transferee the judgment-debtor is entitled to compensation for demolition of her building con­structed bonafide in a land which, subsequent to her transfer, became property of another person. Facts established in the suit however do not appear to sup­port the judgment-debtor's claim..

Category: Property Law | Date: | Hits: 32

Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)

.... the fruits of the decree ob­tained by him. For the reasons stated above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......e 30, 1985. Civil Appeal No. The Specific Relief Act, 1877 (I of 1877) Section 9104 of 1984 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule 1 No injunction can be granted to a person against: whom a decree has been passed under section 9 of the Specific Relief Act restraining..

Category: Tenancy Law | Date: | Hits: 114

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... accord with the intension of the Legislature". Section 195 (1)(c) purposely puts a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence comm..

Category: Criminal Law | Date: | Hits: 63

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in con­nection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......disclosure of the names of the appellants soon after the occurrence raises a big question mark as to the veracity of the said witnesses. The alleged eye-witnesses did not disclose name of the accused persons after the occurrence who allegedly actively participated eventhough the circumstance as narr..

Category: Criminal Law | Date: | Hits: 61

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......fifty working days from the date the Government Servant is placed under suspension, whichever is earlier, the accused shall stand dis­charged of the charges brought against him and in such event the persons responsible for such failure shall be proceeded against under these rules." Rule 26 of th..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ...... pattan from Deldoar Estate and the rest of the land of the said plot was taken settlement of by them on payment of rent. Plaintiffs also pur­chased out of plot Nos.626, 646 and 651 from differ­ent persons who had taken pattan of these plots. Plaintiffs are in possession of these plots for more th..

Category: Property Law | Date: | Hits: 63

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......lway Station, were attacked by accused appellant Bandez Ali and his men out of a previous grudge. His broth­er, deceased Wayezuddin, and others came to his res­cue but were assaulted by the accused persons. Ac­cused Bandez Ali struck Wayezuddin with a lathi on his head and chest, as a result of w..

Category: Criminal Law | Date: | Hits: 67

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ...... was then in such posses­sion or is unable to satisfy as to which of them was in possession, he may attach the land "until a com­petent court has determined the rights of the parties thereof or the person entitled to possession thereof" and in sub-section (2) if the civil court appoints any receiv..

Category: Constitutional Law | Date: | Hits: 174

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....irhat Up­azila. In both the applications allegations were made; inter alia, as to misuse of revolver by the appellant. From the inquiry report (Anx."B") to the affidavit in reply) of the Martial Law Inquiry Committee, it is found that the inquiry was held with notice to the appellant who made alleg......ue, has been involved in political and social works for a long time, was elected member of the Provincial Assembly in 1970 and of the Constit­uent Assembly after the emergence of Bangladesh, For his personal safety he needed a firearm and ob­tained a license for a revolver from the Deputy Commissi..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....onfirm or modify or set aside the order." Section 132 enables the Prescribed Authority to give direction to the Paurashava to take a particular action. Section 133 is in the following terms: "Inquiry into the affairs of Paurashavas.- (1) The Government may, either suo motu or on an app......tion 133 nor the elected representatives were given any opportunity to explain the activities of the Paurashava which had been undertaken by them. The Paurashava is a corporate body and as a juristic person no doubt but it acts through human agencies, namely, through the elected commissioners and th..

Category: Election Law | Date: | Hits: 118

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......esident's Order (P.O. 16 of 1972). It is as follows: "2. In this order, unless there is anything re­pugnant in the subject or context,- (1) 'abandoned property' means any property owned by any person who is not present in Ban­gladesh or whose whereabouts are not known or who has ceased to oc..

Category: Immigration and Citizenship Law | Date: | Hits: 214

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......ormed by his cousin, P.W. 11, that Wazed had left his house in the evening for his fa­ther-in-law's house and at that time accused Rashid and Mobarak were seen with Wazed, and about 10 to 12 unknown persons had abducted Wazed Ali from the way and it was apprehended that he had been killed by those ..

Category: Criminal Law | Date: | Hits: 45

The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)

....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......inue and be concluded before the 31st December, 1983; and if such trial can­not be concluded before that date, further pro­ceedings in respect of the trial shall stand stopped and the accused person released." This time limit was extended from time to time and the last date for conclus..

Category: Criminal Law | Date: | Hits: 60

M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)

....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......sent to dispense with the notice. In the case of Ram Chunder Banka V. Rawatmull reported in 19 C.W.N. 1172 this dictum was construed "waiver is consent to dispense with or forego something to which a person is entitled. It seems to me that such consent may be by express agreement between the parties..

Category: Tenancy Law | Date: | Hits: 109

Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)

....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......t the suit property was taken over by the Collector on being surrendered by the lessee through its treasurer; it has been surrendered by D.W.5, who was Treasurer of Dhaka Lodge. The authority of this person for making surrender had been challenged by the plaintiffs Society. On evidence the trial Cou..

Category: Property Law | Date: | Hits: 39

Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)

....many heinous offences could not be tried and therefore went unpunished, because a lack of proper investigation or due to extraneous reasons." The term of reference of the Commission of Inquiry shall be to ascertain by inquiry whether during the period from 1st March, 1972 to 6th Apr......use delay by itself is not a ground for quashing the criminal proceeding. But when a case is made out that that prosecution has been launched from an improper motive only to harass the accused due to personal vendetta whether the Court should exercise' such jurisdiction which has been given power to..

Category: Criminal Law | Date: | Hits: 46

Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)

....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......al justice. 7. The learned Counsel placed before the court the notice in "Form umo”. This notice is under Rule 10(1) of the Requisition of Property Rules 1948 for the purpose of ascertaining the person or persons to whom requisitioned property on release is to be restored. This notice was issue..

Category: Property Law | Date: | Hits: 49

Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)

.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......yment of Labour (Standing Orders) Act, 1965 (VIII of 1965), Sections 17 and 25 The Specific Relief Act, 1877 (I of 1877), section 42 (i) Mere designation is not sufficient to indicate whether a person is a 'worker' or an 'employer', but it is the nature of the work, showing the extent of his a..

Category: Labour and Industrial Law | Date: | Hits: 122

Jamal and others Vs. The State, 1987, 16 CLC (AD)

....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence of the appellants under sections 302/109 Penal Code. 2. The appellants along with forty (40) others were put on trial before the Additional Sessions Judge, Rajshahi. Forty two (42) accused persons including the present appellants were charged under section 148, 364/149 and 302/149 Penal C..

Category: Criminal Law | Date: | Hits: 55

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......nt nor Ismail was given possession of the suit property though he trespassed in the suit property in August, 19-70. The suit property became enemy property and the Custodian had leased out to several persons on monthly rent and they were in possession. 4. In the meantime on 12.7.72 one Sova Rani ..

Category: Property Law | Date: | Hits: 47